Property Purchase & Arras Review in Spain

What would you like us to check?

Reservation agreement

Who receives your payment, what the reservation commits you to, when it expires and what the agreement says about refunding or retaining the money.

Arras contract and deposit

The wording and legal effect of the deposit, the obligations of each party, the completion date and the consequences of withdrawal or breach.

Mortgage conditions and deadlines

Whether the agreement addresses financing, what evidence may be needed if finance is refused, and whether an extension or an amendment should be negotiated before signing.

Property documents

We can agree a review of the nota simple and other relevant documents to identify ownership, registered charges and questions requiring further investigation. The documents and checks included are specified in the quote.

Property in Catalonia or elsewhere in Spain?

Spain does not have a single set of rules for arras. The location of the property is an important factor, but which law governs your contract has to be checked case by case. We confirm this at the start of the review.

Catalonia: Catalan Civil Code

Under Article 621-8, money paid by the buyer to the seller is treated as confirmatory arras: a sign that the contract has been concluded and a payment on account of the price. Penitential arras, which allow a party to withdraw, must be expressly agreed. A buyer who withdraws loses them; a seller who withdraws must return double.

Article 621-49 adds a specific financing rule. If the contract provides for financing by a credit institution, the buyer may withdraw, unless otherwise agreed, by proving in writing within the agreed period that the lender refused the loan, provided the refusal was not caused by the buyer’s negligence. The seller must then return the money received.

Rest of Spain: Spanish Civil Code

Article 1454 allows a sale with arras to be cancelled if the buyer accepts losing them or the seller returns double. Whether your payment works that way, or is simply a payment on account of the price, depends on how the contract is worded.

The Spanish Civil Code has no financing provision equivalent to Catalan Article 621-49. If your mortgage is refused, your protection depends on what the contract says, for example a clause making the purchase conditional on obtaining finance (Articles 1113 and 1114 on conditional obligations). If one party fails to perform, Article 1124 allows the other to demand performance or termination, with damages in either case.

Some regions, such as Navarre, Aragon, the Balearic Islands, Galicia and the Basque Country, have their own civil law. We check whether any regional rules affect your contract.

What happens if your mortgage is refused?

A mortgage refusal should not be treated as an automatic right to recover a deposit. In Catalonia, Article 621-49 can protect the buyer, subject to its conditions and to any contrary agreement. Elsewhere in Spain, the answer depends mainly on the financing clause in your contract. That is why we check the actual wording and, where needed, propose a clear financing condition before you sign.

Official sources (Spanish): Catalan Civil Code, Book VI (Articles 621-8 and 621-49) · Spanish Civil Code (Articles 1113, 1114, 1124 and 1454).

How the review works

Tell us about the purchase. Start with the location, whether you have already signed or paid, and the next deadline. Do not send identity documents or bank details with your initial enquiry.
We confirm the proposed engagement. You receive the scope, fee and available timing. A request does not itself confirm that we can meet your deadline.
We review the agreed documents. We explain the issues identified and any proposed contractual changes within the agreed scope.
You decide the next step. Negotiations, further investigations and assistance with completion can be discussed separately where required.

A defined scope before work starts.

A contract review is not a building survey, valuation, mortgage approval or a guarantee that a purchase is risk-free. If technical or additional legal checks are needed, we identify them so you can decide how to proceed.

Documents to have ready

The reservation agreement and draft arras contract, including annexes.
Any payment receipts and the proposed signing or completion dates.
A recent nota simple, if available, and property documents supplied by the seller or agent.
Relevant correspondence about financing, conditions or extensions.

We will explain which documents are needed and how to share them after the initial contact.

Your lawyer at Ros Legal Abogados

The firm’s legal practice is led by Sherezade Ros González, registered with the Barcelona Bar Association (ICAB), membership number 39,434. You can check the professional registration in the ICAB directory, under Maria Sherezade Ros Gonzalez.

Based in Barcelona, Ros Legal advises on property matters in Spain. The property’s location and applicable regional rules are considered when defining the engagement.

Frequently asked questions

What is a contrato de arras?

It is a pre-completion agreement commonly associated with a deposit. Its consequences depend on its wording and applicable law. The label “arras” alone does not tell you whether you can withdraw or recover your money.

Is a reservation payment always refundable?

No automatic answer applies to every reservation. We need to examine the agreement, who received the payment, the conditions and what has happened.

Can you review documents if I am outside Spain?

You can contact us remotely to discuss a document review. Any later representation, signing arrangements or additional formalities must be agreed separately.

Can you give me a fixed-fee quote?

Ask for a quote with the documents to be reviewed and your deadline. We confirm the price and scope before you instruct us; additional work is agreed separately.

I have already paid a deposit. Can I still ask for a review?

Yes. Tell us what you signed, what you paid and the next deadline. Reviewing an existing commitment is different from reviewing an unsigned draft, and recovery of money cannot be promised.